GQ Corner
Q. I have an individual who sustained an injury and was diagnosed with a fracture. He was provided a prescription for one pain killer, but did not fill that prescription. The following day, the injured employee tested positive for codeine, and he admitted to taking a relative’s pain killer. Per the company’s drug policy, the injured worker was terminated. Can I dispute the claim in its entirety based upon the failed drug test, and if not, can I dispute disability?
A. Since there is no proof the injured employee was intoxicated at the time of the injury, you would not prevail on a complete denial of this claim; however, you have a valid basis to dispute disability provided the employer was not prevented from returning to work entirely, and provided the employer could accommodate any work restrictions provided.
Q. The injured worker sustained a serious facial laceration that has scarred. She is requesting a plastic surgery procedure to reduce the scarring. Is this permitted, or does the scarring need to cause functional limitations?
A. Pursuant to Section 408.021, an injured employee is entitled to all health care reasonable required by the nature of the injury. Specifically, the employee is entitled to health care that cures or relieves the effects of the injury, promotes recover, or enhances the ability of the employee to return to work. As long as the treatment is related to the injury and is reasonable and necessary, she would be entitled to that procedure.
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